Mandatory Gun Show Background Check Act

Summary

Mandatory Gun Show Background Check Act - Amends the Federal criminal code to set forth provisions regarding the regulation of firearms transfers at gun shows. Defines "gun show" as an event sponsored to foster the collecting, competitive use, sporting use, or any other legal use of firearms, at which: (1) 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if one or more has been transported in, or otherwise affects, interstate or foreign commerce; and (2) there are not less than ten firearm vendors. Requires a person who is not a licensed importer, manufacturer, or dealer, and who desires to be registered as an instant check registrant, to submit to the Secretary of the Treasury an application which contains: (1) a certification by the applicant of compliance with specified Federal firearms license requirements; and (2) the applicant's photograph and fingerprints. Requires the Secretary to: (1) approve an application which meets such requirements; (2) issue to the applicant (on approval of the application and payment of a $100 fee for three years, and upon renewal of valid registration a fee of $50 for three years) an instant check registration; and (3) advise the Attorney General of the same. Provides that an instant check registration shall entitle the registrant, for a three-year period, to contact the national instant criminal background check system for information about any individual desiring to obtain a firearm at a gun show from any transferor who has requested the registrant's assistance with respect to the transfer of the firearm. Sets forth provisions regarding application approval or denial, records, and inadmissibility as evidence pertaining to the use or non-use by a transferor of the services of an instant check registrant. Grants immunity from a civil liability action to a person who (consistent with code requirements) is: (1) an instant check registrant who assists in having a background check; (2) a licensee who acquires a firearm at a gun show from a nonlicensee, for transfer to another nonlicensee in attendance at the show, for the purpose of effectuating a sale, trade, or transfer between the two nonlicensees; and (3) a nonlicensee disposing of a firearm who utilizes the services of an instant check registrant or licensee. Prohibits a qualified civil liability action (defined as a civil action brought against a person granted such immunity for damages resulting from the criminal or unlawful misuse of the firearm by the transferee or a third party, with exceptions) from being brought in any Federal or State court. Sets forth additional requirements regarding registration and recordkeeping, time and place of delivery of the firearm to the prospective transferee, penalties for violations of this title, inspection authority of the Secretary, and increased penalties for serious recordkeeping violations by licensees and for violations of criminal background check requirements. (Sec. 3) Amends the Federal judicial code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from: (1) performing any national instant criminal background check on any person through the system established under the Brady Handgun Violence Prevention Act if the system does not require and result in the immediate destruction of all information concerning any person determined not to be prohibited from receiving a firearm (except for the retention or transfer of information relating to any unique identification number provided by the national instant criminal background check system and the date on which that number is provided); and (2) continuing to operate the system unless the national instant check system index complies with specified Federal requirements and the agency responsible for the system and the system's compliance with Federal law does not invoke certain exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Grants persons aggrieved by a violation of this section to sue in U.S. district. Directs that any person who is successful with respect to such action receive actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 10 June 1999

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 10 June 1999

   Introduced

   Introduced in House

   Source: IntroReferral

3. 10 June 1999

   Introduced

   Introduced in House

   Source: IntroReferral

4. 16 June 1999

   Passed

   Rule H. Res. 209 passed House.

   Source: Floor

5. 16 June 1999

   Reported

   Rules Committee Resolution H. Res. 209 Reported to House. Rule provides for consideration of H.R. 1501 and H.R. 2122 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order. No amendment to H.R. 1501 shall be in order except those amendments printed in part A of H.Rept. 106-186. No amendment to H.R. 2122 shall be in order except those amendments printed in part B of H. Rept. 106-186. In the engrossment of H.R. 1501, the Clerk shall (1) await the disposition of H.R. 2122 (2) add the text of H.R. 2122, as passed by the House, as new matter at the end of H.R. 1501.

   Source: Floor

6. 17 June 1999

   Passed

   Rule provides for consideration of H.R. 1501 and H.R. 2122 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order. No amendment to H.R. 1501 shall be in order except those amendments printed in part A of H.Rept. 106-186. No amendment to H.R. 2122 shall be in order except those amendments printed in part B of H. Rept. 106-186. In the engrossment of H.R. 1501, the Clerk shall (1) await the disposition of H.R. 2122 (2) add the text of H.R. 2122, as passed by the House, as new matter at the end of H.R. 1501.

   Source: Floor

7. 17 June 1999

   Floor

   The Speaker designated the Honorable Mac Thornberry to act as Chairman of the Committee.

   Source: Floor

8. 17 June 1999

   Floor

   House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 209 and Rule XXIII.

   Source: Floor

9. 17 June 1999

   Floor

   Considered under the provisions of rule H. Res. 209. (consideration: CR H4364-4469)

   Source: Floor

10. 18 June 1999

    Vote

    Failed of passage/not agreed to in House: On passage Failed by recorded vote: 147 - 280 (Roll no. 244).

    Source: Floor

11. 18 June 1999

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

12. 18 June 1999

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

13. 18 June 1999

    Vote

    On passage Failed by recorded vote: 147 - 280 (Roll no. 244).

    Source: Floor

14. 18 June 1999

    Passed

    The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

15. 18 June 1999

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2122.

    Source: Floor

16. 18 June 1999

    Failed

    On motion to strike the enacting clause Failed by voice vote.

    Source: Floor

17. 18 June 1999

    Floor

    Mr. Obey moved to strike the enacting clause.

    Source: Floor

18. 18 June 1999

    Floor

    DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 30 minutes of debate on the amendment.

    Source: Floor

19. 18 June 1999

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

20. 18 June 1999

    Floor

    Considered as unfinished business. (consideration: CR H4619-4657)

    Source: Floor

21. 18 June 1999

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 2122 as unfinished business.

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Introduced in House · 10 June 1999 · Download file

Documents

4 official files

• Failed of passage in House

  summary · EN · 18 June 1999

  Open at official source

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• Introduced in House (text)

  Introduced in House · EN · 10 June 1999

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• Introduced in House (PDF)

  Introduced in House · EN · 10 June 1999

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• Introduced in House

  summary · EN · 10 June 1999

  Open at official source

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  Vertaal naarNL · DutchDE · GermanFR · FrenchES · SpanishIT · ItalianPL · PolishPT · PortugueseSV · SwedishDA · DanishFI · FinnishEL · GreekCS · CzechHU · HungarianRO · RomanianBG · BulgarianHR · CroatianSK · SlovakSL · SlovenianLT · LithuanianLV · LatvianET · EstonianGA · IrishMT · Maltese

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Sponsors

• Rep. McCollum, Bill [R-FL-8] · R · Sponsor
• Rep. Hyde, Henry J. [R-IL-6] · R · Sponsor
• · hsju00 · Standing

Related records

• related to → Providing for consideration of the bill (H.R. 1501) to provide grants to ensure increased accountability for juvenile offenders, and for consideration of the bill (H.R. 2122) to require background checks at gun shows, and for other purposes.
• amends ← An amendment no. 5 and printed in part B of H. Rept. 106-186 to prohibit juveniles under the age of 18 from possessing semi-automatic assault weapons and large capacity ammunition magazines.
• amends ← An amendment no. 1 and printed in part B of H. Rept. 106-186 to specify 24 consecutive hours for instant background check elapsed time period purposes; allow dealers to transfer inventories in person; and increase the penalties for using a large capacity ammunition magazine during crimes of violence or drug trafficking.
• amends ← An amendment no. 9 and printed in part B of H. Rept. 106-186 to repeal the law that prohibits Washington, D.C. residents from owning firearms.
• amends ← An amendment no. 6 and printed in part B of H. Rept. 106-186 to mandate the transfer of secure gun storage or safety device with the transfer of any handgun and establish liability criteria for damages resulting from the criminal or unlawful misuse of the hand gun by a third party.
• amends ← An amendment no. 10 and printed in part B of H. Rept. 106-186 to allow law-abiding residents of the District of Columbia to keep a handgun in the home.
• amends ← An amendment no. 2 and printed in part B of H. Rept. 106-186 to regulate firearms transfers at gun shows and require criminal background checks to prevent the sale of guns to minors and felons.
• amends ← An amendment no. 7 and printed in part B of H. Rept. 106-186 to exempt qualified law enforcement officers and retired officers from State laws prohibiting the carrying of concealed firearms.
• amends ← An amendment no. 3 and printed in part B of H. Rept. 106-186 to ban the import of any large capacity ammunition magazines or clips that hold more than 10 rounds of ammunition.

Showing 9 of 12 related records.